Avis juridique important

61980O0219

European Court reports 1981 Page 01879

Parties

JOINED CASES 219 TO 228 , 230 TO 235 , 237 , 238 AND 240 TO 242/80

MAURICE ANDRE AND OTHERS

COUNCIL OF THE EUROPEAN COMMUNITIES

Grounds

ACCORDING TO THE PROVISIONS OF ARTICLE 91 ( 3 ) OF THE RULES OF PROCEDURE THE REMAINDER OF THE PROCEEDINGS ON THE OBJECTION RAISED , AFTER THE OPPOSITE PARTY HAS PUT FORWARD HIS SUBMISSIONS AND THE GROUNDS FOR THEM , IS TO BE ORAL UNLESS THE COURT DECIDES OTHERWISE . THE COURT TAKES THE VIEW THAT IN THIS CASE IT HAS SUFFICIENT INFORMATION AND THAT THERE IS NO NEED TO OPEN THE ORAL PROCEDURE .

THE APPLICATIONS ARE OBVIOUSLY INADMISSIBLE IN SO FAR AS THEY ARE DIRECTED AGAINST THE COUNCIL .

ACCORDING TO ARTICLE 91 ( 2 ) OF THE STAFF REGULATIONS OF OFFICIALS ACTIONS BROUGHT BY OFFICIALS UNDER ARTICLE 179 OF THE EEC TREATY MUST BE DIRECTED AGAINST THE APPOINTING AUTHORITY . TO THE EXTENT TO WHICH THEY ARE DIRECTED AGAINST THE COUNCIL , THESE ACTIONS DO NOT SATISFY THAT CONDITION .

FURTHERMORE , AS REGULATIONS NOS 160/80 AND 161/80 ARE NEITHER DECISIONS ADDRESSED TO THE APPLICANTS NOR DECISIONS WHICH , ALTHOUGH IN THE FORM OF REGULATIONS , ARE OF DIRECT AND INDIVIDUAL CONCERN TO THEM , THE APPLICATIONS ARE EQUALLY INADMISSIBLE IN SO FAR AS THEY ARE BASED ON ARTICLE 173 OF THE EEC TREATY .

Operative part

ON THOSE GROUNDS ,

HAVING REGARD TO ARTICLES 69 , 70 AND 91 OF THE RULES OF PROCEDURE AND TO THE VIEWS OF THE ADVOCATE GENERAL ,

THE COURT ( FIRST CHAMBER )

COMPOSED OF : T . KOOPMANS , PRESIDENT OF CHAMBER , A . O ' KEEFFE AND G . BOSCO , JUDGES ,

ADVOCATE GENERAL : S . ROZES

REGISTRAR : A . VAN HOUTTE

HEREBY ORDERS AS FOLLOWS :

1 . THE APPLICATIONS ARE DISMISSED AS INADMISSIBLE IN SO FAR AS THEY ARE DIRECTED AGAINST THE COUNCIL .

2 . THE COUNCIL SHALL BEAR ITS OWN COSTS ; THE COSTS INCURRED BY THE APPLICANTS ARE RESERVED .